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2006 Georgia Code - 46-5-167
46-5-167. (a) The commission shall create a Universal
Access Fund to assure the provision of reasonably priced access to
basic local exchange services throughout Georgia. The fund shall be
administered by the commission under rules to be promulgated by the
commission as needed to assure that the fund operates in a
competitively neutral manner between competing telecommunications
providers. (b) The commission
shall require all telecommunications companies providing
telecommunications services within Georgia to contribute quarterly
to the fund in a proportionate amount to their gross revenues from
sale to end users of such telecommunications services as determined
by rules to be promulgated by the commission. (c) The commission may also require any
telecommunications company to contribute to the fund if, after
notice and opportunity for hearing, the commission determines that
the company is providing private local exchange services or radio
based local exchange services in this state that compete with a
telecommunications service provided in this state for which a
contribution to the fund is required under this Code
section. (d) Contributions to
the fund shall be determined by the commission based upon estimates
as to the difference in the reasonable actual costs of basic local
exchange services throughout Georgia and the amounts established by
law or regulations of the commission as to the maximum amounts that
may be charged for such services. (e) Moneys in the fund shall be distributed
quarterly to all providers of basic local exchange services upon
application and demonstration that the reasonable costs as
determined by the commission to provide basic local exchange
services exceed the maximum fixed price permitted for such basic
local exchange services. The commission may take into account the
possibility that a competing local exchange company is providing or
could provide lower cost basic local exchange services. Competitive
providers shall be entitled to obtain a similar subsidy from the
fund to the extent that they provide basic local exchange services;
provided, however, that such subsidy shall not exceed 90 percent of
the per line amount provided the incumbent local exchange company
for existing basic local exchange service or 100 percent of new
basic local exchange service. (f) The commission shall require any local
exchange company seeking reimbursement from the fund to file the
information reasonably necessary to determine the actual and
reasonable costs of providing basic local exchange services.
(g) The commission shall have the
authority to make adjustments to the contribution or distribution
levels based on yearly reconciliations and to order further
contributions or distributions as needed between companies to
equalize reasonably the burdens of providing basic local exchange
service throughout Georgia. (h) A local exchange company or other company
shall not establish a surcharge on customers´ bills to
collect from customers´ contributions required under this
Code section.
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